As global commerce continues to expand, the volume of cross-border disputes regarding commercial and intellectual property disputes has increased substantially. Contract, business and intellectual property disputes are protected by laws which might vary from region to region. The question naturally … Continue reading
Supplemental needs trusts of the pooled trust variety have offered important dignity-enhancing protections for individuals with disabilities for several decades. A pooled trust, properly structured according to Congressional requirements, allows the wealth of an individual with disabilities to be overseen … Continue reading
In this Essay, I argue that the existing approach to preemption (especially in the environmental context) is flawed because it invites the kind of statutory interpretation that relies heavily on the use of legislative history. Of course, legislative history is … Continue reading
About 25 years ago, the Supreme Court, through its endorsement of the fraud-on-the-market (FOTM) theory in Basic, Inc. v. Levinson, paved the way for modern securities-fraud litigation as we know it. That establishment, which effectively represents the principal way through … Continue reading
E-commenting, or commenting on administrative rules and notices on-line, has transformed the federal notice-and-comment practice. With a click of a button, citizens can easily share their thoughts on a proposed rule or notice. While the goal of increasing the opportunity … Continue reading
The present paper is devoted to a critical examination of two of the publications of Ronald Coase (1960, 1974). But, before I begin my criticism, I should like to put into some sort of context the tremendous contribution to our … Continue reading
This Article is offered in tribute to civil rights legends Leon Higginbotham, Spottswood Robinson, and David Rabinovitz whose judicial recess appointments were invalidated by National Labor Relations Board v. Noel Canning. It also honors President Lyndon Johnson, who made the … Continue reading
New Jersey’s Involuntary Outpatient Commitment Law, enacted in 2009, grants New Jersey judges the authority to mandate mental health treatment for potentially dangerous people. In 2014, Governor Christie dedicated an additional $4.5 million to expand the program into all twenty-one … Continue reading
More than 57,000 unaccompanied minors have crossed the United States border since January 2014. At risk youth flee gang violence in their home country. They come to the United States hoping that the government will consider resistance to joining gangs … Continue reading
The copyright suit brought by French photographer Patrick Cariou against famous “appropriation artist” Richard Prince has concluded with a denial for certiorari, and a denial of clarity for those of us still uncertain about what makes for an adequate “fair … Continue reading